The legal issue in this case is whether Executive Order 13771 threatens to block, weaken, or delay critical public health protections in contravention of congressional intent, jeopardizing progress in public health seen since Congress established the U.S. Food and Drug Administration in the early 20th century.
The legal issue in this case is whether the Panel’s preemption analysis accurately interpreted Congressional intent when it omitted consideration of the Family Smoking Prevention and Tobacco Control Act’s preservation and savings clauses, leading to the conclusion that any state regulation banning sales of tobacco product is subject to implied preemption.
The legal issue in this case is whether state credit card no-surcharge laws unconstitutionally restrict speech conveying price information (as the Eleventh Circuit has held), or regulate economic conduct (as the Second and Fifth Circuits have held).
The legal issue in this case is whether New York City’s sodium warning rule is a scientifically controversial, arbitrary and capricious, constitutionally invalid measure preempted by federal law, or whether the sodium warning is a scientifically sound, legally well-grounded measure representing a reasonable response to a public health crisis.
The tobacco industry successfully challenged an FDA guidance document that changed the way that the agency administers the premarket review process.
Lorillard Inc. and R.J. Reynolds challenged the composition of the Tobacco Products Scientific Advisory Committee (TPSAC). The court determined that the challenge to TPSAC’s report on menthol was not ripe for judicial review.
The legal issue in this case is whether the court should grant en banc review of National Association of Manufacturers, et al. v. U.S. Securities and Exchange Commission, given the panel’s novel holdings that, if broadly adopted, would have a significant impact on the robust mandatory disclosure regimes required in public health and safety.
Chicago ordinance prohibiting the sale of flavored tobacco products, including menthol, within 500 feet of a school is upheld.
The legal issue in this case is whether several major tobacco companies violated the Racketeer Influenced and Corrupt Organizations Act by engaging in a conspiracy to defraud the public about the health risks of smoking and to market tobacco products to children.
The legal issue in this case is what standard of First Amendment review applies to compelled disclosures of factual information that the government requires for reasons other than consumer deception.